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<br />Iittp:llwww.fs.fed.us/im/d irectives/fsm/2500/2540 <br /> <br />002111. <br /> <br />http://www.fs.fed.us/im/d irectives/fsm/2500/2540 <br /> <br />maintained instrearn. Clearly inform the permittee that the authorization <br />does not confer any legal right to the use of the water, nor does it <br />provide a basis for acquiring such a right as against the United States <br />(FSM 2782 and 2783.121, <br /> <br />254l.36 - Participation in State Court Adjudication. The water rights of <br />the United States, both reserved and acquired rights, are subject to <br />adjudication proceedings in State courts. <br /> <br />The United States must be served under the McCarran Amendment (sec. <br />2541.01) to become a party of a State adjudication. Proper service on <br />the United States is accomplished by the service of written notice and/or <br />complaint upon the local United States Attorney with a copy of such <br />notice/complaint being sent to the Attorney General of the United <br />States. If the Department of Agriculture or the Forest service are named <br />parties, then notice/complaint should also be served upon the Department <br />or Service, though this is not required by the Act. When the United <br />States becomes a party to an adjudication in a State court, or if the <br />United States should be joined as a party defendant in the suit, the <br />Department of Justice, through the Office of General Counsel in <br />Washington or through Regional Counsel, may request information as to <br />Forest Service interest in the use of water within or tributary to the <br />areas named in the adjudication proceedings. The affected Region shall <br />prepare and submit to the appropriate Regional Office of the General <br />Counsel, a tabulation in triplicate of existing and foreseeable National <br />Forest water uses and rights claimed both under the reservation doctrine <br />and by the Forest Service under State laws. Maps should be submitted in <br />duplicate showing details as required by the Office of the General <br />Counsel. <br /> <br />Refer initial questions on adjudication proceedings to the Washington <br />Office for advice from the Office of the General Counsel. Once an <br />adjudication is under way, it may be that coordination will be effected <br />through the field offices, Although the Justice Department usually <br />becomes involved in a case only after the United States becomes a party <br />to the adjudication, keep the Justice Department informed, through legal <br />counsel, of measures needed or taken to protect the Government1s <br />interests and claims to water rights. <br /> <br />2541.37 - Protests to Water Rights Applications of Others. Private <br />parties sometimes apply under State law for water rights for water that <br />is in use or may be needed for future use for National Forest purposes <br />under the reservation doctrine. Such applications made for authority to <br />divert, impede, or impound water, may be for waters arising on the <br />National Forest, or for waters either upstream or downstream from a <br />National Forest. <br /> <br />If granting of a water right will conflict with current or future <br />National Forest reservation uses or needs, submit a statement informing <br />the State agency responsible for water rights, that issuing such water <br />rights would conflict with those uses of the United States for National <br />Forest purposes. Make this statement only if granting a water right <br />would adversely affect the present or foreseeable future uses. If States <br />were notified of uses on reserved lands by the Forest Service <br />notification process, a reminder statement will be sufficient (some <br />states have a form available for this purpose). If the rights of the <br />Forest Service have been adjudicated or otherwise finally determined <br />under law, any protests will be guided by such determinations. <br /> <br />The Regions shall provide the State water rights agency with any <br />information essential for proper consideration of applications. Seek <br />advice of the regional attorney or the attorney in charge when protests <br />are made to water right applications which may adversely affect waters <br />reserved for National Forest purposes, or in any proceedings where the <br />water rights of the United States will be considered. <br /> <br />2541.4 - Managing Water Rights. Manage water rights to ensure these <br />valuable United States properties are not lost. <br /> <br />8 of 13 <br /> <br />04/24/9815:58:57 <br />